EPA v. PERDUE FOODS, LLC

Case summary

2/5/19 - CONSENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $34,336 - DUE WITHIN 30 DAYS. ALLEGATIONS: BASED ON EPA'S COMPLIANCE MONITORING INVESTIGATION, EPA ALLEGES THAT RESPONDENT VIOLATED THE CODIFIED RULES GOVERNING THE CAA'S CHEMICAL ACCIDENT PREVENTION PROVISIONS, BECAUSE RESPONDENT DID NOT ADEQUATELY IMPLEMENT PROVISIONS OF 40 CFR PART 68 WHEN IT: FAILED TO REVIEW AND UPDATE THE OFFSITE CONSEQUENCE ANALYSES AT LEAST ONCE EVERY 5 YEARS, AS REQUIRED BY 40 CFR 68.36(a); FAILED TO DOCUMENT THAT EQUIPMENT COMPLIES WITH RECOGNIZED AND GENERALLY ACCEPTED GOOD ENGINEERING PRACTICES, AS REQUIRED BY 40 CFR 68.65(d)(2); FAILED TO ESTABLISH A SYSTEM TO PROMPTLY ADDRESS THE TEAM'S FINDINGS AND RECOMMENDATIONS; ASSURE THAT THE RECOMMENDATIONS ARE RESOLVED IN A TIMELY MANNER AND THAT THE RESOLUTION IS DOCUMENTED; DOCUMENT WHAT ACTIONS ARE TO BE TAKEN; COMPLETE ACTIONS AS SOON AS POSSIBLE; DEVELOP A WRITTEN SCHEDULE OF WHEN THESE ACTIONS ARE TO BE COMPLETED; COMMUNICATE THE ACTIONS TO OPERATING, MAINTENANCE AND OTHER EMPLOYEES WHOLE WORK ASSIGNMENTS ARE IN THE PROCESS AND WHO MAY BE AFFECTED BY THE RECOMMENDATIONS, AS REQUIRED BY 40 CFR 68.67(e); AND FAILED TO REVISE AND UPDATE THE RMP SUBMITTED UNDER 68.150 AT LEAST ONCE EVERY 5 YEARS FROM THE DATE OF ITS INITIAL SUBMISSION OR MOST RECENT UPDATE, AS REQUIRED BY 40 CFR 68.190(b)(1).

Defendants (1)

• PERDUE FOODS, LLCNamed in complaintNamed in settlement

Facilities (1)

• PERDUE FOODS LLC - MONTEREY PROCESSING PLANT

  2300 INDUSTRIAL DR, MONTEREY, TN, 38574

  Registry ID: 110000375442

Statutes cited

• CAA 112[R][7] — Prevention of Accidental Release/Risk Management Plans (RMPs)

Enforcement conclusions (1)

• PERDUE FOODS, LLCentered 2019-02-05

  Primary law: CAA

  Federal penalty: $34,336

Timeline (4 milestones)

• 2019-02-05Final Order Issued
• 2019-02-05Complaint Filed/Proposed Order
• 2019-02-14Enforcement Action Closed
• 2019-02-28Enforcement Action Data Entered